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Terms of Service and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. We maintain this web site as a service to our customers,
and by using our site you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree
to the terms and conditions, you should not review information or obtain
goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT
IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Service and Conditions of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and understandings
with respect to the Site, the content, products or services provided by
or through the Site, and the subject matter of this Agreement. This Agreement
may be amended by us at any time and from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
- Fraud: By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by the Terms
and Conditions of use of this site. Please note that your membership can
be cancelled without notice if it is determined that false or misleading
information has been provided, the Terms and Conditions of use have been
violated, or other abuses have occurred as determined by “RomanticIQ.com and Affiliates” in its sole discretion. If membership has been revoked,
“RomanticIQ.com and Affiliates” reserve the right to refuse
application or readmission to the membership program.
- Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you only
a limited, nonexclusive license for use solely by you for your own personal
use and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site, including this Agreement, without
further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information
or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages
caused by viruses contained within the electronic file containing the
form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE
OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you pay for any goods,
services or information.
- Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent with
our Privacy Policy.
- Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase or
otherwise obtain certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered
into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or commitments
on behalf of the other.
- Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this Agreement.
- Payments. You represent and warrant that if you are
purchasing something from us or from our Merchants that (a) any credit
card information you supply is true, correct and complete, (b) charges
incurred by you will be honored by your credit card company, and (c) you
will pay the charges incurred by you at the posted prices, including any
shipping fees and applicable taxes.
- Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for
sale of any securities. None of the information contained herein is intended
to be, and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
- Links to Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts
and other information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and
shall not be subject to any obligation of confidence on our part. Without
limiting the foregoing, we shall be deemed to own all known and hereafter
existing rights of every kind and nature regarding the Submissions and
shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online site,
and the products listed, we “RomanticIQ.com and Affiliates”
have a strict 60 day RETURN policy for any product. No product shall be
able to be returned for a like item, or for a cash refund after 60 days.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR
PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR
USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH
USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF “The United States of
America”, Wisconsin OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF WISCONSIN. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO
SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND
ARE WAIVING ANY CLAIM THAT EDGERTON , WISCONSIN OR THE DISTRICT OF WISCONSIN
IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.
This site is created and controlled by “RomanticIQ.com and Affiliates”
in the State of WISCONSIN, USA. As such, the laws of WISCONSIN will govern
the terms and conditions contained in this Agreement and elsewhere throughout
the Site, without giving effect to any principles of conflicts of laws.
- Lapsed Accounts: In order to keep “RomanticIQ.com and Affiliates” membership roster current, if a Member does not access
his or her account for a period of “180” days or more, “RomanticIQ.com and Affiliates” may, in its sole discretion, terminate such Member's
account. “RomanticIQ.com and Affiliates” will endeavor to notify
a Member of “RomanticIQ.com and Affiliates” intent to terminate
such Member's account by notice to such Member's provided email address
at least “7” days prior to deactivation. If the Member fails to respond
to such email notice within “7” days after the day it is sent by “RomanticIQ.com and Affiliates”, such Member's account will be terminated
as noted above. Therefore, “RomanticIQ.com and Affiliates” strongly
recommends that all Members keep their accounts and contact data current
and in use. While “RomanticIQ.com and Affiliates” desires to
prevent active accounts from being terminated prematurely, “RomanticIQ.com and Affiliates” has no obligation to maintain accounts that
appear to “RomanticIQ.com and Affiliates” to have been abandoned.
Each Member agrees that failure to access his or her account for “180”
days or more conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
- Verify Members' Address: “RomanticIQ.com and Affiliates” reserves the right to contact a Member via email to verify
the accuracy of account information (including the Member's correct name
and address) that is needed to provide the Member with the information
he or she requested from “RomanticIQ.com and Affiliates”.
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